Faith Ajufo V. The State (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

AMINA ADAMU AUGIE, J.C.A. (Delivering the Leading Judgment)

The Appellant and three of her co-workers at a V-Mobile Outlet on Ogunlana Drive, Surulere, Lagos, were arraigned before the High Court of Lagos State, and charged with the attempted murder of Emmanuel Orjika. She pleaded not guilty to the Charge and in proof there-of, the Prosecution called 4 witnesses – the alleged victim, Emmanuel Orjika as PW1; his brother Cyril Orjika, as PW2; Police Sergeant Sikiru Abdullahi, as PW3, and Inspector Stephen Deri, as PW4.

At the close of the case for the Prosecution, the Appellant filed a “Notice to rely on a No-Case Submission”; the Grounds for the Application are that-

1. The Prosecution failed to prove the essential elements of the offence of attempted murder.
2. The evidence adduced by the Prosecution has been so discredited as a result of cross examination and is so manifestly unreliable that no reasonable Tribunal could safely convict on them.

Written addresses were duly filed and adopted, and in his Ruling delivered on 5/2/2010, the learned trial Judge, O. A. Williams, J., concluded as follows –

“I do believe the accused persons have been linked with the crime and they have a case to answer. I do not agree – – that the testimonies of the Prosecution witnesses has been so discredited by the cross-examination as to warrant a finding that there is no case to answer. Accordingly, the no-case submission fails and is overruled”.

Dissatisfied with the Ruling, the Appellant filed a Notice of Appeal containing 3 Grounds of Appeal in this Court, and Briefs of Argument were duly filed in line with the Rules of this Court. In the Appellant’s brief prepared by Emmanuel A. Oyebanji, Esq., David O. Aransiola, Esq., and Eniola A. Agbelusi, Esq., it was submitted that the following two issues call for determination in this appeal –

1. Whether or not the essential elements of the offence of attempted murder has been proved by the Respondent against the Appellant in the circumstances of this case.
2. WHETHER OR NOT THE EVIDENCE ADDUCED BY THE Respondent before the lower Court against the Appellant has been so discredited as a result of cross-examination or so manifestly unreliable that no reasonable tribunal could safely convict on it.

The Respondent, however, submitted in its Brief prepared by Mrs. E. I. Alakija, that the only issue for determination in the appeal, is as follows –

“Whether the Respondent has discharged the onus placed on it by Law in establishing a prima-facie case of the offence for which the Appellant is charged”.

I will adopt the issue formulated by the Respondent in this appeal because it highlights the question that comes to the fore when considering a submission that an accused person has no case to answer in a criminal trial. Nonetheless, we must consider the background facts in resolving the issue in this appeal.

PW1, the alleged victim, testified that after he realized that products he bought from the V-Mobile outlet was not working, he went back to complain. The next day, they took him to their Head Office at Victoria Island, and when he came back, he met people queuing up to buy their products, and when he told them the products were not working, a lot of them left, which angered the workers, and they started calling him a thief. PW1 further testified that

“- – About 5 ladies, including the [Appellant] ran into their office, which was being renovated, and brought out a cable. They gave the cable to the 1st Accused person and they tied me up. The 1st and 2nd Accused persons tied me up with the help of the others, while they were at it; the 2nd Accused was hitting my head with a gun. – The [Appellant] and 4th Accused were the ones passing the others the wire/cables with which to tie me up. Then they stopped a motorcycle rider and forcefully took his fuel. They poured the fuel into a gallon wanting to pour it on me before setting me on fire. They also got condemned tyres. – – The 3rd Accused (i.e. Appellant) carried the gallon and handed it to them while abusing me.- – Had it been that the Police wasted another two minutes, I would have gone up in flames”.

His brother, Pw2 testified that a motorcyclist ran to their compound and shouted that a tenant, who says he lived there, was about to be set ablaze at the V-Mobile outlet at Ogunlana Drive. He quickly ran there only to see his brother, Pw1, tied hand and foot. On his way to the police station he saw a Police patrol vehicle with officers, who then followed him, and, eventually rescued Pw1 from the Appellant, the other Accused persons and their cohorts. He also testified that he saw the Appellant later at the Police Station.

PW3 is the I. P. O., who initially investigated the case, and he obtained statements from everyone involved. He also visited the scene, and confirmed that there was, indeed, evidence of some fracas. Although, he initially said that no exhibits were handed over to him, he confirmed that he received a v-mobile sim certificate and that he saw pw1 with a torn shirt. He then gave him a medical form to go to the hospital when pw1 complained of body pain.

Pw4 is the I.P.O., who later investigated the case at the state CID, Panti.